Facts

On April 14, 2006, plaintiff Sally Jenkins was driving eastbound in the number two lane on SR-126 in Ventura County, accompanied by her children. The defendant, who was operating her vehicle in the number one lane, sideswiped the plaintiff's vehicle. The defendant's vehicle smashed into the plaintiff's vehicle on the left side, causing the plaintiff to lose control. Her vehicle veered to the right and smacked into a series of mailboxes.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was negligent by virtue of her violation of Vehicle Code section 22107 (unsafe turning movement) and 21703 (following too closely).

DEFENDANT'S CONTENTIONS:
The defendant disputed the nature and extent of plaintiff's injury.

Settlement Discussions

The plaintiff submitted a C.C.P. section 998 demand for policy limits of $100,000. The offer was not accepted. The defendants subsequently proffered a C.C.P. section 998 offer of $25,000. Following a judicial arbitration award of $245,000, the defendants filed for trial de novo. At the mandatory settlement conference, the matter was settled above policy limits.

Specials in Evidence

$12,500 $1,000 $30,000

Injuries

The plaintiff suffered from a now symptomatic disc disease at L5-S1 and left lower extremity radiculopathy, for which lumbar fusion surgery was recommended.

Result

The case settled for $150,000 during a mandatory settlement conference before Hon. Frederick H. Bysshe Jr.

Other Information

FILING DATE: July 16, 2007.